HMRC Enquiry letters on Loans from EBT and other schemes

[DarnEBTs]

Stopped using such schemes?

Hi,
Based on this inquiry from HMRC, would one stop using such schemes and go the Ltd Co. route etc? What is the view here? Has anyone decided to stop using such schemes based on the inquiry from HMRC just rec'd? Thanks.

[convict]

TRM Scheme Thread

For those that haven't seen it, we have a TRM-specific thread running in this sub-forum

http://forums.contractoruk.com/hmrc-...rm-thread.html

[Penguin]

It was impossible to guage how much would be written about a simple appeal application.

I have provided over 30 templates to contractors and it would have been less time consuming just to post the suggested reply to HMRC on the forum. However, there was an issue about non-disclosure and professional liability.

I have taken legal advice on this matter and now produce my SUGGESTED reply to HMRC on the understanding that it may not suit all cases and that I accept no financial or professional responsibility for reliance placed on it.

I WILL NOT ENTER INTO ANY DISCUSSION ABOUT THE SUGGESTED LETTER ON THE FORUM.

Assessments are still being issued by HMRC and the latest one I have seen was dated 20 February.

Here is the text of the reply:

YOUR ADDRESS

Date:
Your ref:
NI number:

HM Revenue & Customs
Local Compliance
Personal & CGT Compliance
Chailey House
Cardington Road
Bedford MK42 0YS

For the attention of Miss L J Stopp

Dear Madam,

YOUR NAME

I acknowledge receipt of your letter dated xx February 2013, a notice of assessment and tax calculation for 2008/09.

Please take this letter as my formal notice of appeal against the assessment.

I apply to postpone the further tax charged of £xxxxx on the ground that no additional taxable income has been agreed.

Kindly acknowledge receipt.

Yours faithfully,



………………………………….
(Signature)

Already sent mine with other wording previously posted.

[cojak]

Already sent mine with other wording previously posted.

All of the wording on the various templates appears to be much of a muchness.

No one template on these threads seems to be the definitive, it's up to each person to perform their own research before deciding which one to use.

[Krung Thep]

That Appeal Letter

It was impossible to guage how much would be written about a simple appeal application.

I have provided over 30 templates to contractors and it would have been less time consuming just to post the suggested reply to HMRC on the forum. However, there was an issue about non-disclosure and professional liability.

I have taken legal advice on this matter and now produce my SUGGESTED reply to HMRC on the understanding that it may not suit all cases and that I accept no financial or professional responsibility for reliance placed on it.

I WILL NOT ENTER INTO ANY DISCUSSION ABOUT THE SUGGESTED LETTER ON THE FORUM.

Assessments are still being issued by HMRC and the latest one I have seen was dated 20 February.

Here is the text of the reply:

YOUR ADDRESS

Date:
Your ref:
NI number:

HM Revenue & Customs
Local Compliance
Personal & CGT Compliance
Chailey House
Cardington Road
Bedford MK42 0YS

For the attention of Miss L J Stopp

Dear Madam,

YOUR NAME

I acknowledge receipt of your letter dated xx February 2013, a notice of assessment and tax calculation for 2008/09.

Please take this letter as my formal notice of appeal against the assessment.

I apply to postpone the further tax charged of £xxxxx on the ground that no additional taxable income has been agreed.

Kindly acknowledge receipt.

Yours faithfully,



………………………………….
(Signature)

I don’t understand the reasoning behind the line “I apply to postpone the further tax charged of £xxxxx on the ground that no additional taxable income has been agreed”. To my mind this is tantamount to admitting that the loans are taxable but no agreement has been reached on what amount. This then invites further questioning and investigation from HMRC.

Surely the appeal should be based on the fact that the loans do not constitute taxable income? End of.

[cojak]

There appears to be a very good template on the Edge thread (although you would have to amend it to reflect your own working arrangements).

[grey collar]

ASMG/White-Collar Financials?

I would appreciate a contact point as the White Collar web site is 'under repair'. I was with White Collar for part of 2008 and have now got a demand from HRMC for 2008-9. Although I had had a letter from HMRC some years ago I was not that concerned as ASMG had submitted their scheme to HMRC and had it approved. <snip>. Post 2008-9 I had various health issues and have now retired. I completed self assessments for subsequent years and for two of them my calculated tax rebate was withheld pendind the investigation. A helpful chap at HMRC offered to investigate the status and the monies were sent to me. This suggested to me that they had agreed the ASMG scheme was legitimate. HM Customs and the Revenue merged some years back. I have worked directly with both of them. I asssure you some do 'knowingly have a sense of humour' but as an organisation tend not to have one opinion. Whether the above is helpful or hopeful perhaps only time will tell. I will appeal and would be happy to consider joint actions with those similarly threatened.

I got the same letter on Saturday. ASMG are no more and I've been with White Collar Consulting/Financial for a while. I will ring them on Monday but not sure what to do. It's fair to say I'm gutted and feel very foolish.

I will appeal and would not mind joining other parties in doing so. I will write my letter in line with what's been recommended. However based on the comments here the initial feeling of feeling confident about a successful appeal have receded somewhat....

Any advice you can give please let me know.

[Chods]

Hi,
Based on this inquiry from HMRC, would one stop using such schemes and go the Ltd Co. route etc? What is the view here? Has anyone decided to stop using such schemes based on the inquiry from HMRC just rec'd? Thanks.

YES!!! Definitely! Unless youve got balls of steel!

[cojak]

I would appreciate a contact point as the White Collar web site is 'under repair'. I was with White Collar for part of 2008 and have now got a demand from HRMC for 2008-9.

Google (WHOIS for the website) and Companies House are your friends for this bit of research.

Then LinkedIn.

[Jashan]

Edge are now http://redstoneservices.co.uk/

I too have been invited to the 08/09 party - same letter, same thing.

Dont suppose by any remote chance anyone has a contact number for Egde Consulting - searched everywhere and with Norla having ceased trading, no help there.

Very grateful in advance for any help, as assuming others were with Edge - for my part I am seeking to confirm whether the contract helpdesk/Cobham Murphy are representing these schemes, given they are covering some 20 + at the moment.

Many thanks

Edge is now trading as http://redstoneservices.co.uk/. Check with them if they help. I am about to contact them as well.